TaxTMI 
TaxTMI 
2025 (5) TMI 284
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.... of the Income Tax Act, 1961 (hereinafter referred to as "the Act"). 3. ITA No. 3336/Del/2023 for A.Y. 2012-13 in the case of R.B. Commodities Pvt. Ltd. is directed against order dated 29.09.2023 passed by the Ld. CIT(A)-24, New Delhi (DIN: ITBA/APL/S/91/2023-24/1056723101(1), arising out of the order dated 27.12.2019 passed by the Ld. DCIT, Circle-20(2), New Delhi under Section 143(3) read with Section 147 of the Act. 4. ITA No. 3335/Del/2023, in the case of R.B. Agro Milling Pvt. Ltd. is made the lead case and our finding therein shall follow mutatis mutandis in ITA No. 3336/Del/2023 in the case of R.B. Commodities Pvt. Ltd. ITA No. 3335/Del/2023 (A.Y. 2012-13): 5. The assessee has raised following grounds of appeal: "1. On the facts and circumstances of the case, the order passed by the ld. Commissioner of Income Tax (Appeals) [CIT(A)] is bad in law as well as on the facts of the case. 2. On the facts and circumstances of the case, Ld. CIT(A) has erred both on facts and in law in confirming the assessment order passed by the Assessing Officer [AO] without mentioning Document Identification Number (DIN) in the body of the assessment order which is a ....
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....he ld. CIT(A) has erred in confirming the re-opening of the assessment proceedings u/s 147 of the Act without obtaining necessary approval u/s 151 of the Act from the prescribed authority and that it was granted in a mechanical manner. 9. (i) On the facts and circumstances of the case, the Ld. CIT(A) has erred both on facts and in law in confirming the rejection of books of accounts of the appellant despite the same having kept as per law. (ii) That the books of accounts of the appellant have been rejected without requiring the appellant to produce the books of accounts during the course of assessment. 10. On the facts and circumstances of the case, the Ld. CIT(A) has erred both on facts and in law in confirming the addition to the extent of Rs. 14,90,695/-on account of bogus purchases. 11. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts & in law in confirming the said addition arbitrarily rejecting the material and evidences brought on record by the assessee to show that the purchases were made in regular course of the business and material so purchased was sold in the regular course of business. 1....
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....eived from the Investigating Wing, Delhi and upon analysis of the materials filed on record (as claimed to have been made), proceedings under Section 147 of the Act upon recording reasons was initiated that too upon prior approval of the CCIT-7, Delhi. The assessee in response to the notice issued under Section 148 of the Act filed a further return declaring the income at Rs. 41,27,360/- on 30.03.2019. On the request of the assessee, the reasons recorded by the Ld. AO were also duly furnished to the assessee. 10. The Ld. Counsel Ms. Rano Jain appearing for the assessee in this regard had drawn our attention to pages 52 to 66 of the paper book filed before us. It was submitted by her that on the basis of investigation report the case was reopened by the Ld. AO, a copy whereof is appearing at pages 828 onwards annexed to the paper book filed before us. It was contended by her that pages 56 to 64 of the reasons recorded by the Ld. AO is the verbatim copy of the Investigation Wing report appearing at pages 828 to 842 of the paper book. It was further submitted by her that while forming opinion that the Ld. AO has reasons to believe that the income has escaped from taxation, in the p....
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...., Jabalpur (MP) v. M/s S. Goyanka Lime and Chemical Ltd .; (ii) PCIT v. M/s N.C. Cables Ltd. - ITA 335/2015 (Delhi High Court); (iii) Vinod Kumar Solanki v. ACIT, Circle-61-1, Delhi & ors. (Delhi HC); (iv) Shri Hirachand Kanuga v. dCIT, Circle-1, Khadakpada, Kalyan (W), ITA Nos. 4261 & 4262/Mum/2012 (Mumbai ITAT); & (v) DCIT v. M/s Yaduka financial services Ltd. (ITA no. 1646/Kol/2017 (ITAT Kolkata). 12. On the other hand, the Ld. DR relied upon the orders passed by the authorities below. 13. We have heard the rival submissions made by the respective parties. We have also perused the relevant materials available on record. In order to adjudicate the legal issue the reasons so recorded by the Ld. AO for reopening of the assessment under Section 147/148 of the Act appearing at pages 50-56 of the paper book filed before us is reproduced as follows: 14. We have further perused the report of the Investigation Wing as annexed to the paper book filed by the assessee, appearing at pages 828 to 842 of the paper book. It appears that the reasons recorded by the Ld. AO is the replica of the observations made by the Investigation Wing dated 22.03.20....
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....s concerns are totally fake/bogus and I have provided fake/bogus Invoicebill without actual delivery of goods to these business concems for which I get the commission 2 0 225 to 0 150% of the transaction amount 1 Name and address of the business concerns Name of the contact person. who arrange the transactions Bisbamber Dayul Chandra Mohan, 1" Floor, 4152, Naye Bazar. Delle Sh. Chandra Mohan Sh Chandra Mohan M & BC Exports, 1" Floor, 1152. Naya Barar, Dell Si Chandra Mohen N'y V H & & Soon Enterprises Per. Lad. I" Floor, 4152. Naya Bazar, Delhi Sh. Chandra Mohan Mis Rizal Enterprises, A-1/22. Ground Floor, Keshab | Puram ı Lawrence Hood), New Delhi Old address at 1236/80. 2"/ Floor, Pili Kothi, Naya Bazar. Dellui Sh. Narendra Gupta 6. Mis LNG Agricom Pol. Ltd., A-1/22, Ground Floor. Keshab Puram iLawrence Road), New Delfu Sh. Narendra Gupta M& T.NG Amathon Pvl. Ltd.(Earlier known as LNG Construction Pra, Lathì A-1/22, Ground Floor, Keshal Putin . Lawrence Roads, New Dellui Sh. Narendra Gupta M. R B Agre Milông Pvt. Lad., 3958/2. Naya Bazar. Ethi Sh. Pawan Jindal & Sh. Anikilidal M/s R B Kisan Kendra Pvt. I.td., 3958/2. Naya Bazai. ....
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....enes 2014-13 155120100 2015-56 78993021 2015-16 5543754 146188225 Details in respect of M/s A G Agri Mart Pyt. I.td .:- Name of the Fatity F.V. Sales Amount Purchase Amount 40281664 I nandra Molin 2015-16 99348536 37632944 MS B C Enterprises 2014-45 14509730 0 Pier 10 -- Document 4 Statement wis 13111 Al-Skri Arun Gopal Bansal 19433534 15216589 124019 26194916 955971 2049231 Ne 14200 M& M H'Agni MÆ°á»ng | 2014-15 2015-16 = 2014.13 2015-19 1 2014-15 13260207 2013-15 215599699 2014-15 2915-16 C 2014-15 11608392 2015-16 1479651 Ram Baby . 5914-15 2279347 2015-16 49005730 2014-45 2015 46 14000006 Mir K V Desilangs 2014-15 155120106 2015-16 75093021 2015.16 5543754 146188225 Details in respect of M/s & G Agri Mart Pvt. Ltd .;- Name of the Entity F.V. M/s Sales Amoua: Pvt. Purchase Amouat At His/camber Dayal: 2014-15 40281664 2015-16 99348536 37632944 2014-15 14509730 Sales Amoua: Pvt. F.V. M/s Page 10 Document 5 5.2 The same is sten confirmed by Mr. Anil Findal, Director of the concerns pertaining to....
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....-18 KR/ ANSHOP Aast. Director of income Tax Dirtw.) आयकर निरà¥à¤¦à¥‡à¤¶à¤• Document 8 5.4 The quantum of bogus purchases made by RB Group entities in FY 2011-12 with the business concerns of Mr. Arun Gopal Bansal (M/s APMV Stocks & Commodities Pvt. Ltd. and M/s AG Agri Mart Pvt. Ltd.) are as under: M/s RB Commodities Pvt. Lid. Name of Entity F.Y. Purchase (in Rs.) M/s APMV Commodities Pvt. 2011-12 36645312 M/s AG Agri Mart Pvt. Ltd. 2011-12 12140897 Name of Entity F.Y. Purchase (in Rs.) M/s APMV Commodities Pvt. 1.td. 2011-12 118371248 M/s AG Agri Mart Pvt. Ltd. 2011-12 28308690 5.5 The above purchase made by M/s RB Group entities with the entities of Mr. Arun Gopal Bansal are bogus and the same may be added back to the income of the respective parties. The respective AOs of RB group entities (M/s RB Commodities Pvt. Ltd. & M/s RB Agro Milling Pvt. Ltd.) are advised to treat the above tabulated purchases made by RB Group entities as bogus purchases and the same may be added back to the income of respective entity of RB group. 5.6 The cumulative bogus purchase made by RB Group entities (Ye....